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Aug. 16.
Whitehall. |
263. Same to Governor Shute. Since our letter to you of 23rd Aug., 1721, we have receiv'd one from you without date, as also one of 23rd Aug., 1721, and another the 13th of March last, and are extreamly concern'd to hear by the first letter, that the disct. on paper bills still increases at Boston, but hope the late Act pass'd here in the 8th year of his present Majesty entituled An Act giving further encouragement for the importation of Naval Stores, and for other purposes therein mentioned, which you will here receive inclos'd, may be a means to lessen that great discount, as it will probably increase your trade; At the same time, we hope, all possible care will be taken that this act may not administer a future occasion for destroying H.M. woods in New England. We take notice of what you write concerning the choice of a Speaker, and are sorry to hear, that controversy is not yet decided, but hope, the Assembly will for the future be so prudent, as not to render their conduct lyable to be censur'd here. As to the choice of an Attorney General in your Government, we have consulted H.M. Attorney General here, a copy of whose opinion you will herewith receive inclos'd, with copies of the papers upon which that opinion is grounded. We have sent to the Ld. Carteret an extract of that part of your aforementioned letter, which relates to the Indians having broken their Treaty, at the instigation of Father Rallé a Jesuit, to be laid before H.M. for his pleasure therein. We have also [?sent] what you write 13th March last etc. in relation to the dangerous practices the French are carrying on against H.M. interest in America etc. (v. 25th May), to the Lord Carteret etc. We shall acquaint you with H.M. directions thereupon, so soon as we shall have received the same. Enclose copy of petition of Mr. Pearse and others, praying for the confirmation of an Indian grant of land in New England to them; Upon which we desire, that you would give us, as soon as may be, a true state of that matter, that is, whether their land, has been survey'd and registred, and whether you have any objection to H.M. complying with their request. [C.O. 5, 915. pp. 350–352.] |
Aug. 17.
Council
Office. |
264. Mr. Beake to Mr. Popple. The Duke of Montague proposes Col. John Lynch as security in place of Joseph Adams, who is sick abed etc. The ships being ready to sail, His Grace desires dispatch. Signed, T. Beake. Endorsed, Recd. Read 22nd Aug., 1722. ½ p. [C.O. 5, 1266. ff. 64, 64v.] |
Aug. 18.
Charles City
and Port,
South
Carolina. |
265. Governor Nicholson to the Council of Trade and Plantations. Encloses following proceedings on receipt of H.M. Instructions as to Seals etc. 27th Oct., 1721, received on 25th July. Continues: The defaced ledden seal shall (God willing) be sent by a Gent. who proposes to sail the later end of this month. The ship in which the seals were sent was foundered at sea but ye comander thereof Capt. John Smiter was so carefull as to save them with himself in his longboat wherein he was miraculously preserved. Acknowledges receipt of H.M. Orders, 14th Sept., 1721. Continues: The Committee of Correspondence transmits to our Agents the transactions of the Spaniards referred to etc. Duplicates shall be sent by Capt. Tempest this month etc. Yesterday arived a French sloop with the second Capt. and about 30 men who rose upon the Capt. and Commander as they were going from a French port by the Mississipi River to a place called New Orleans but forced the said officers to bring them hither and they say they are most Swiss. The whole proceedings will be sent to the Agents by the said Mr. Tempest etc. There is transmitted to the Agents the Journalls of Assembly etc. They are to wait upon your Lordships etc. Signed, Fr. Nicholson. Endorsed, Recd. 26th, Read 30th Nov., 1722. 1 ½ pp. Enclosed, |
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265. i. Proceedings of the Council and Assembly of South Carolina, 25th July, 1722, upon the arrival of the new Seals. Same endorsement. Copy. 2 ½ pp. [C.O. 5, 358. ff. 151, 154v.; and (abstract, with note for reply) 5, 406. p. 4.] |
| Aug. 20. |
266. A Declaration, by His Grace John Duke of Montagu Captain Generall Lord and Proprietor of the Islands of St. Lucia and St. Vincent in America, for the encouragement of persons to become settlers at Saint Lucia. London. Whereas Our Sovereign Lord King George hath been pleased to grant to the said Duke and his heirs the said Islands etc., both which Islands are very rich in soyle and productive of sugar, indigo, cotton, piemento, ginger, cocoa, anotto etc. and having not been as yet broke up will yield a very great increase to the settlers etc., and hath strictly commanded all his Governours and other officers etc. to be assisting to us in settling the said Islands and also appointed one of his ships of war to be stationed at St. Lucia for the defence and security of the people to be transported thereto. And whereas being fully determined to settle the said Island as soon as may be we have by our Commission appointed a Governour thereof and have caused great numbers of persons to be transported to the said Island of Saint Lucia together with large quantities of stores of all kinds ordnance arms and ammunition for defence and appointed all necessary officers and a form of government and directed a fort and town therein to be built near some convenient harbour for shipping and considering that the strength of new Colonys consists in the numbers of people and the resort of merchants and traders thereto, We have thought fitt to issue this our Declaration for the invitation and encouragement of all persons to resort to and become inhabitants of our said Island; and therefore do hereby promise and ingage and give our faith and honour that all and every white person and persons of what country or nation soever in amity with the Crown of Great Brittain who shall within twelve months from the date hereof repair to our said Island of Saint Lucia and submitt themselves to the Government hereof shall injoy free liberty of conscience in all matters of religion and be governed by and have the protection of the laws of England in all their civill concerns and shall be reputed within the said Islands of St. Lucia and Saint Vincent and each of them free denizens to all intents and purposes and be capable of taking holding or enjoying any estate or estates whatsoever within our said Islands and each of them by devise descent gift, grant or purchase as naturall born subjects of Great Brittain and shall moreover be intituled without fee or reward to a grant of ten acres of land for themselves and ten acres for every white person in their family men, women or children and also five acres for every negro slave or slaves men, women or children by them transported into our said Island of Saint Lucia as aforesaid in such part as they shall chuse (not being before granted and reserved) and not exceeding 150 acres in any one run and 500 acres in the whole at the quitt rent of 2s. 6d pr. 100 acres and so in proportion payable every year to H.M. his heirs and successors and six pence pr. acre to us our heirs and assignes to be granted to them their heirs and assignes for ever. And moreover all persons being artificers or trading with a stock who shall transport themselves to our said Island of Saint Lucia within the time and space aforesaid shall be entituled to and receive a grant of one lott in the chief town of our said Island for their more commodious residence and exerciseing such their trades and we will at all times be ready to give such other fitting encouragement and protection to the settlers and planters of our said Islands of Saint Lucia and Saint Vincent as shall be most conducive to their wellfare and prosperity etc. Signed, Montagu. 2 ½ pp. [C.O. 253, 1. No. 24.] |
Aug. 22.
Whitehall. |
267. Lord Carteret to Governor Burnet. The Dutch Envoy here hath presented a Memorial, that about Jan. 1718 Capt. Anthony Bevers, in the ship Young Abraham of Flushing was taken by Hornigold the Pirate, who carried her to the Island of Providence, where the cargo was delivered to a French ship, after which the French ship was taken by the Phoenix man of war commanded by Capt. Pearce, who brought her up to New York, where she was reclaimed, and delivered to the French owners, and the Dutch cargo sold etc. You are to cause Justice to be done to the Dutch owners etc. Signed, Carteret. [C.O. 324, 34. p. 186.] |
Aug. 23.
Whitehall. |
268. Same to Same. Encloses following. Concludes: It is H.M. pleasure, that you inform yourself concerning the grounds of their complaints, and grant them such protection and encouragement as in justice and compassion they may be entitled to. Signed, Carteret. Annexed, |
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268. i. The Condition, grievances and oppressions of the Germans in H.M. Province of New York. In 1709 Queen Anne was graciously pleased to send between 3 and 4,000 Germans to New York, under the inspection and care of Governor Hunter, with particular orders to settle them on lands belonging to the Crown, and such as were most proper for raising Naval Stores. Before they left England they were promised £5 in money pr. head, of which they have receiv'd nothing at all. It was likewise promis'd, that on their arrival there each of them should receive cloaths, utensils, and tools, etc. for husbandry, all which were sent with them from England for their use, but of these they received but very little. They were moreover to have a grant of 40 acres of land to each person, but it was never perform'd. On their landing at New York they were quarter'd in tents on the common, and divided in six companies, over each of which was a Captain appointed to command them. Of which number John Conrad Weiser arrived here in London 1718, with an allowance of £15 pr. annum each, but not one farthing has been hitherto paid them. About the same time took the said Govr. against their consent many children from them, and bound them to several of the inhabitants till they should arrive to the age of 21, particularly two sons from Capt. Weiser. In the fall of that year those that were living (during and after their voyage a great number were dead) were removed to a tract of land belonging to Mr. Lewingston, where they lived in houses erected by themselves till the spring, when they were ordered to the woods to make pitch and tar, and continued there near two years; but as the land was improper to raise any sort of Naval Stores in any considerable quantity, their labours turn'd to a different account, and the profits of building and improving the lands fell to a private person, they being not able to make more than near 200 barrels of pitch and tar. The small prospect they had of being in capacity to serve the Nation, who had so generously advanc'd very great sums of money for their relief, and the impossibility there was of raising corn, cattle etc. for their subsistance on such barren land, oblig'd them to petition the Govr. that they might be put in possession and settle on the land call'd Schorie, which the Indians had given to Queen Anne for their use, he answer'd, that tho' the land was theirs, he could nor would not take it from them, neither could he settle them there, because it would oblige him to maintain too many garrisons. Some time after, he visited all the villages where they were settled etc.; they all applied to him again, that they might go and inhabit the above promis'd land; upon which he in a passion stamp'd on the ground and said, here is your land (meaning the almost barren rocks) where you must live and die. The second year after their arrival were orders sent to them to detach 300 able men to serve on the Expedition against Canada, which they chearfully did, and on their return were their arms taken from them, tho' all that went on the Expedition should have kept them by her late Majty's particular order, without paying them any wages; notwithstanding they were put on the establishment of New York and New Jersey or both, and the money receiv'd by the Govr., they march'd home, where they found their families almost starv'd, no provision having been given them during their absence. The winter following did the inhabitants of the frontier town of Albany desire the Govr. that they might have some of them to strengthen the garrison from an invasion of Indians, which the Govr. agreeing to, they went accordingly, but were never paid. In the second year of their abode at Levingston on the pitch wood, three of their people were sent down to Col. Hunter, petitioning him to order them their full allowance of provision, which they never hitherto had etc. About eight days after came this surprising message from him, that he had not re
ceiv'd any subsistance for them from England, and therefore every one of them must shift for himself, but not out of the Province. Winter was just at hand, which is very severe, there being no provision to be had, and the people bare of cloaths, which occasioned a terrible consternation among them, and particularly from the women and children the most pityfull and dolorous cryes and lamentations that have perhaps ever been heard etc., so that they were at last much against their wills put under the hard and grating necessity of seeking relief from the Indians etc. entreating them to give them permission to settle on the tract of land call'd Schorie, which they immediately granted, saying they had formerly given that land to Queen Anne for them, and nobody else should hinder them of it etc. All hands fell to work and in two weeks time clear'd a way thro' the woods of 15 miles long etc. 50 familys were almost settled there, when they received orders from the Govr. not to go upon that land, and he who did so should be declar'd a rebell. This message sounded like thunder in their ears, and surpris'd them beyond expression, but finding no manner of likely-hood of subsisting elsewhere, but a certainty of perishing by hunger and cold if they return'd they found themselves under the fatal necessity of hazarding the Govrs. resentments, that being to all more eligible than starving. In March did the remainder of the people (tho' treated by the Govr. as Pharoah treated the Israelites) proceeded on their journey, and by God's assistance travell'd in a fortnight with sledges thro' the snow three foot deep, cold and hunger, join'd their friends and countrymen in the promis'd land of Schorie. The number of Germans who came hither were more than the land granted by the Indians could supply with settlements, and some of the people of Albany endeavouring to purchase the land round them from the Indians, on purpose to close them up, and deprive them of any range for their cattle, they were obliged to sollicit all the Indian Kings there adjoining for more land, which they willingly granted them, and sold them the rest of the land at Schorie, being woods, rocks and pasturage, for 300 pieces of eight. No sooner had Govr. Hunter notice, than he ordered Adam Vromen to persuade the Indians to break the agreement made. Upon the first settlement of this land the miserys those poor and almost famish'd creatures underwent were incredible, and had it not been for the charity of the Indians, who shew'd them where to gather some eatable roots and herbs, must inevitably have perish'd etc. When they continu'd about one year on this land, build small houses, and made other improvements thereon with their bloody sweat etc., and under daily hazard of their lives from the French and Indian enemys as well as hunger and cold, several Gentlemen came to them from Albany, declaring they had bought that land of Govr. Hunter, and if they intention'd to live thereon they must agree with them, to which these poor people answer'd, that the land was the King's and that they were the King's subjects, and had no power to agree to anything about H.M. lands without his special order, upon which these Gent. said, we are Kings of this land, but the Germans reply'd, that their King was in England, and that the land should not be taken from them without H.M. particular order. Some time after did these Gent. send the Sheriff with some others upon the land, and to take the said Capt. by force, dead or alive, but he having timely notice of it was on his guard etc. These gentlemen then fell on another project, which was to sow enmity betwixt them and the Indians, and if possible to persuade them (by money or rum) to put them in possession of the land, but in this also they fail'd, tho' not without great troubles and charge to those poor people, who were forc'd to put themselves on the mercy of the Indians, by giving them o
ut of their nothing, and beg of them, that since they had so long suckled them at their breast, not to wean them so soon and cast them off. In 1715 the Gent. from Albany sent a man to affix some papers on the land, containing in substance, that whosoever of the inhabitants should see those papers, must either agree with them, or leave the land. This being done in the spring, the best planting time for the Indian corn (the chief of their subsistance) damp'd the spirits of these poor people, slacken'd their industry and did them great damage. In 1717 came the Govr. to Albany, and ordered three men of every village and particularly Capt. Weiser to appear before him. When they appeared, he said, that he could hang Weiser and asked them (i) Why they went to Schorie without his order, (ii) Why they would not agree with the Gen. at Albany, (iii) Why they concern'd themselves so much with the Indians. Their answer was (i) that H.E. had ordered them to shift for themselves and necessity forced them to remove thither, and that they continued their settlement in expectation of H.M. grace etc. When they mentioned H.M., the Govr. in a great passion said, what Great Britain, and Mr. Lewingston added, here is your King, meaning the Govr., whereupon they beg'd his pardon, and that he would forgive them their ignorance. (ii) The people were so many, the land so small, and the ways so bad, that it was impossible to agree with the Gent. on their extravagant terms etc. They were sent over with a promise of so much land per head, and if they served anybody it must be the King, and not a private person. (iii) Living on the frontier, and liable to the daily insults of the French, they were obliged to keep fair with the friendly Indians. Governor Hunter then ordered that those who would not turn tenants to those Gent. of Albany to whom he had sold the land for 1500 pistoles, should remove, and that they should make lists of those that would and those that would not agree with the Gent., and that he soon expected an order from England to transport them to another place, but no such thing was perform'd. They remonstrated, how hard it would be to leave their improvements for nothing. Govr. Hunter answered, he would send 12 men and examine their improvements, and give them money to pay their debts, but it was never performed. The winter following they sent three men to New York to the Govr. humbly beseeching liberty to plough the lands, or he would otherwise take care of them, but he answer'd, what is said is said, meaning the prohibition of plowing at Albany. This was a thunderclap in the ears of their wives and children, and the lamentations of all the people increas'd to such a height, and their necessitys grew so great, that they were forc'd for their own preservation to transgress those orders, and sow some summer corn and fruits, or else they must have starv'd. These Gent. have thrown one of their women in prison at Albany, who still continues there, as also a man for plowing the land, and will not release him till he gives 100 crowns security, the same has also happen'd to others. The Govr. sent orders that all Germans should take their oaths of being faithfull, and withall to pay 8s. pr. head, which they willingly agreed to, in hopes of a settlement, but this with all the promises formerly made unto them was in vain. Copy, [C.O. 324, 34. pp. 171–183.] |
Aug. 23.
Whitehall. |
269. Lord Carteret to Governor the Duke of Portland. One Mr. Nairn is on board the ship with your Grace, intending to go to Jamaica etc. He having been lately concerned in a quarrel in which Ensign Car was dangerously wounded, occasioned by expressions of disaffection to H.M. person and Government, you are to order him ashoar etc. Signed, Carteret. [C.O. 324, 34. p. 183]. |
Aug. 24.
Whitehall. |
270. A. Popple to Mr. Lowndes. Encloses draft of bond for Col. Lynch as surety for Mr. Uring (v. 17th Aug.). [C.O. 5, 1293. p. 268.] |
Aug. 24.
Kensington. |
271. H.M. Instructions to Governor Worsley, with Instructions relating to Acts of Trade and Navigation. [C.O. 5, 191. pp. 374–460.] |
| Aug. 24. |
272. 100th Article of Governor Worsley's Instructions, relating to piratical goods. Copy. ½ p. [C.O. 28, 44. f. 3.] |
Aug. 25.
Kensington. |
273. Order of King in Council. Approving Representation of 8th Aug., and appointing A. van Horn and W. Provoost to the Council of New York accordingly. Signed, Robert Hales. Endorsed, Recd. 9th, Read 13th Nov., 1722. 2 pp. [C.O. 5, 1053. ff. 80, 80v. 81v.] |
Aug. 25.
Kensington. |
274. Order of King in Council. The Governor and Council of Rhode Island are to deliver into the custody of the Judge of the Vice-Admiralty of New England the proceeds of the sale of the ship and cargo brought into Tarpaulin Cove by Benjamin Norton, and condemned as having been piratically employed. They are to be strictly observant to the decree of that Court for the future, and not to assume to themselves in anywise any right to Admiralty jurisdiction as they will answer the contrary at their perill etc. Set out, A.P.C. III. pp. 38–40, q.v. Signed, Robert Hales. Endorsed, Recd. 9th, Read 13th Nov., 1722. 9 ½ pp. [C.O. 5, 868. ff. 321–325v., 326v.] |
| Aug. 27. |
275. Certificate from the Remembrancer's Office that Deputy Governor Uring has given the security required (v. July 19 etc.) Signed, James Pearse. Endorsed, Recd. 28th, Read 29th Aug., 1722. 1 p. [C.O. 5, 1266. ff. 65, 66v.] |
Aug. 29.
Whitehall. |
276. Council of Trade and Plantations to the King. Representation upon Col. Moody's petition, 8th Jan. 1719. It doth appear to us from several affidavits, deeds of purchase and receipts for the same as well as from the testimony of Major Ballenden whom we have examin'd, that the petitioner did purchase several parcells of land and houses in or about Placentia, part whereof to the value of £732 3s. 4d., which he had let for the annual sum of £70 was seiz'd for your Majesty's use, and that a Fort is now actually erecting thereon etc. Recommend that satisfaction be made to Col. Moody for damage sustained etc. [C.O. 195, 7. pp. 84, 85.] |
Aug. 30.
Whitehall. |
277. Same to the King. Having taken security for Governor Uring, enclose the usual Instructions for the Duke of Montagu, Proprietor of Sta. Lucia and St. Vincents, relating to the Acts of Trade. [C.O. 5, 1293. pp. 269, 270.] |
Aug. 30.
Whitehall. |
278. A. Popple to Governor Worsley. Encloses several Acts of Barbados, 1714–20, "against which objections have arisen tho' not of that consequence, as to induce the Board to advise the immediate repeal of them, and others concerning the usefulness and effect whereof there may be some doubt. My Lords Commrs. had prepared a list of those Acts which they are of opinion may properly lye by for the moment, for the Rt. Honble. the Lord Belhaven, with their observations upon each of them, that you make take the necessary care in relation to them, when you shall arrive in your said Govt. and give their Lordships your opinion thereon with your observations." Annexed, |
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278. i. List of Acts passed at Barbados, not confirmed or repealed, with observations thereupon. (i.) An Act impowering licentiate lawyers to practise as barristers in this Island (1715). By which law it is enacted that every person licensed under the hand and seal of the Governor, shall be authorized to practice the Law as fully as if he ware a regular barrister. The Committee of Correspondence of that Island urge as reasons for the said Law, that it had been the custom of the Island, and was approved of since the Crown had frequently appointed such licentiates to act as attorneys and Solicitors General in said Island, which was liable to inconveniences from there not being a sufficient number of barristers etc. Some gentlemen of Barbados who oppose it urge that the usage arose out of a necessity which has ceased to exist, and that since that time, 30 years ago, the Crown has always by patent appointed regular lawyers to be Attorneys General. Their not having a sufficient number of barristers is owing to the permitting licentiates to practice. It has been thereupon observed, that as the ignorance of the British laws dos naturally tend to weaken that connection and union which ought to be kept between the Mother Country and the Colony, this law may be attended with very ill consequences, since it is obvious that English gentlemen who are regularly call'd to the Bar will have but little encouragement to venture abroad when they see a perpetual establishment of licentiates in that Island, and which may probably create such a precedent as may induce the other Colonies to obtain the like law, which as it will leave them little or no reason to send their sons to be educated here, will naturally alienate them from the knowledge and love of the laws of Great Britain. That there are no qualifications whatsoever relating either to oaths or religion prescribed by this Act, but it is wholly left to the arbitrary disposition of the Govr., who in consequence is enabled to permit whom he pleases to practise as a barrister. Whereupon it is thought to be more for the honour of the Prerogative that in case there should be any deficiency of barristers in Barbados they should be obliged to apply for licences in Great Britain, and as it would be a hardship to take away the priviledge of practising from those who have already been licensed, which perhaps might be the case if H.M. should repeal the Act, it is conceived fit that the same should ly by, and that the Governor might be directed not to grant any such licences before he shall have received the signification of H.M. pleasure in that behalf. (ii) An Act to dock the intail limited on a plantation in the parish of St. James' and the negro slaves thereunto belonging and to vest the fee simple in William Thorpe youngest son of Robt. Thorpe. (1717). Tho' there is a reservation of the right of Thomas Thorpe, who in case he should return into the Island would be intituled to the estate in fee, yet it is upon this condition that he should live in the Island; and tho' this is in pursuance of the Testator's will, yet while it stood upon the foot of the will Thomas Thorpe might and perhaps with success have disputed the validity of that condition; But if it be annexed to his estate by the passing this Act into a Law he is then bound down to the performance of that condition without remedy, and his removal out of the Island to reside even in this Kingdom might be construed a forfeiture of his estate. It does not seem reasonable that conditions of this nature should be encouraged, but that this Act should lie by till Thomas Thorpe or those claiming under him have had an opportunity of being heard thereupon. (iii) An Act to dock the intails limited on certain plantations in the parishes of St. Thomas and St. James and to vest the same in Joseph Gibbes in fee (1717). The estates appear to be derived from the wills of two different testators who created the intails and reserved on the determination of the said intails the remainder in fee to their respective right heirs, tho' there be no recital in this Act (by which its proposed to dock the said several intails) of the several consents of the next heirs of either of the said testators which is conceived to be not only requisite in consequence of the Governor's Instructions but even of natural justice and equity and has been a reason against advising H.M. to confirm the said Act before the respective right heirs of the testators after the said intail shall have consented thereto. (iv) An Act for the better ordering and regulating H.M. Court of Exchequer etc. and Pleas of the Crown (1718). Against the confirming this Act some reasons have been offered (whereof copies are annexed). But H.M. Council at law having no objection to the said Act in point of law, and the said reasons against it not being apprehended to be of sufficient weight for repealing the said Act at present, the Govr. is desired to inquire what effect the execution of this Act has had, and to give the Board of Trade an accot. thereof by the first opportunity. (v) An Act for the better ordering and regulating the proceedings of H.M. Courts of Common Pleas (1718). Tho' the intention of this Act seems very reasonable and may be passed when drawn into more proper form, the present Act has not been thought fit to be offer'd to H.M., and in the opinion of a very eminent person in the Law the reasons against it (copies annexed) are of much more weight than those for it; and as to the most material objection (which is allowed to be a very material one) vizt. the striking the juries by the Marshall, he thinks it would be convenient to put the Marshall in place of a Sheriff, and to Act in that matter as ours do, which will not make so great an alteration in the General Common Law. It is therefore recommended to the Governor of Barbados to inform himself what effect this Act has had and to transmit to the Board of Trade an accot. thereof as soon as possible. (vi) An Act granting a free liberty to load and unload from any bays, creeks or harbours etc. (1718). Quote objections of S.P.G. and Mr. Lowther's opinion. The Gentlemen in behalf of the Society declaring they had no objection to the one road already made thro' the Plantation adjacent to Conset Bay, etc., it has been conceived that tho' the said Act seems to be a good law and of convenience to trade, it may be fit to lye by as probationary. (vii) An Act for abrogating the oath appointed by an Act of this Island to be taken by attornies imployed to draw up special verdicts and appointing another oath instead. (1718). This Act particularly referring to Act supra No. vi., it has been thought H.M. pleasure concerning it might for the present be suspended. (viii) A supplemental Act to an Act to oblige the casual Receiver of H.M. Revenue to pay £100 current money towards the charges of the Courts of Grand Sessions (1719). It is provided by a clause in this Act that it shall not be of force until H.M. royal approbation be first obtained, which has not been thought adviseable for H.M. to grant, inasmuch as it dos not appear that by virtue of the Act (1708) for holding a Court of Grand Sessions, which was confirmed by her late Majesty, and is referred to in the present Act, the charges of the said Court and Jurors was payable out of the casual revenue longer than during her said Majesty's reign it being expressed in that Act that the incident charges of each Sessions, as to the entertainment of the Court and Jurors, (not exceeding in any Session £100 sterl.) shall be paid out of H.M. casual revenue arising in this Island without mentioning H.M. heirs or successors, and besides the late Govr. of Barbados by the 42nd Article of H.M. Instructions, being directed to appoint two Courts of Oyer and Terminer to be held yearly there, the charge whereof to be paid by the publ
ick Treasury of the foresaid Island, H.M. Auditor General for the plantations has complained of such charge as aforesaid being allowed out of H.M. Casual Revenue, which ought to be born by the publick Treasury of the Island, and it is hoped the Assembly of Barbado's will be induc'd the more readily to comply with H.M. just expectations herein which may be signify'd to them by the Govr., since by several of the Acts of Barbado's which have already had their effect the Legislature of that Island have defrayed the said charge out of the publick Treasury when the casual Revenue has been deficient. (ix) An Act appointing the persons executing the office of Secretary etc. to act as Notaries publick in mercantile cases (1720). It has been represented on behalf of the Secretary that the officiating as a Notary publick has always been a branch of his office, and there seems no objection to its being annexed thereto under proper rules and limitations, but if this Act should be confirm'd it's probable no other Notaries publick would ever act in that Island, and therefore it's highly improper that the power of acting should be confin'd to mercantile matters, but that it should be general and extend to all notarial affairs whatsoever, and considering that by virtue of this act the Deputy Secretary will be the only Notary publick he ought in the strongest manner to be oblig'd to transact all notarial business under a severe penalty in case of refusal, since otherwise great inconveniences might follow, as in the case of protests, they might refuse to accept them, where themselves or friends were any ways concern'd and in other instances; and it ought to be provided in the strongest manner that the sole execution of a publick office (such as is the nature of a publick Notary) should not be arbitrary in the possessor of it. Besides this Act of Barbadoes, in case there should be no other Notary upon the Island wou'd be inconsistent with the Act of Parliament of the 11th of King William III for the more effectual suppression of piracy which enacts that a publick. Notary shall be Register of the Admiralty Court establish'd by that Act, and this Barbados law provides that the officiating Secretary shall not be compellable to be Register of such Court. The foremention'd objections are judg'd of such a nature that unless the Assembly should within a reasonable time pass a new one not lyable to the like objections and to repeal the present Act, H.M. Commissioners for Trade will think themselves oblig'd humbly to propose the same to H.M. for his disallowance. Enumerates 23 Acts, concerning the usefulness and effect whereof there may be some doubts; and therefore remain at present probationary. [C.O. 29, 14. pp. 351–365.] |
